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Widow Succession Or Remarriage
11-Oct-2023 (In Family Law)
Dear sir, Kindly let me know, when a widow remarries, will her new husband gets any right in her deceased husband ancestral property..? Or can her in laws adopt proposed person as their son, to pass on the ancestral property..?
Hindi adoptions act bars the rights of adopted son to claim property from biological father or relations, your adopted son rights were not existed at the time of adoption so you cannot claim property of earlier husband , section 12 very clear in this regard , even your new husband not holds any right to claim , so except you being class 1 heir nobody can claim right .
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Adv. Hanumesh H N
Bangalore / Bengaluru | 700+ Answers
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It is advisable to first file a suit for partition and separate possession and get your Hisband's share in ancestral property and then marry new husband.
You can contact me for further details and i also need to know the schedule of property to advise accurately.
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